Arctic Slope Native Association, Ltd. v. Sebelius

The question before us boils down to whether the Arctic Slope Native Association (“ASNA”) was diligent in pursuing its breach of contract claim. The majority believes that it was; I believe that it was not.

I

The Supreme Court has held that a litigant seeking equitable tolling “is entitled to equitable tolling only if he shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing.” Holland v. Florida, — U.S. -, 130 S.Ct. 2549, 2562, 177 L.Ed.2d 130 (2010), citing Pace v. DiGuglielmo, 544 U.S. 408, 418, 125…